Terms & Conditions
TERMS & CONDITIONS
- Who we are
- We are Cabinet Limited. Our company information is at the end of this document.
- What this is all about
- These are our terms and conditions which apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
- Some definitions
- Here are some definitions which are used in this document (all capitalised):
- “App” – the Cabinet mobile application.
- “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- “Content” – all information of whatever kind displayed on or sent through our Service.
- “Service” – the service we offer by means of our App and any related services.
- “Store” – the app distributor from which you download the App (e.g., Apple App Store, Google Play App Store).
- “Store Rules” – any applicable rules, policies or terms of the relevant Store.
- “User” – people or organisations using our Service (whether or not registered with us).
- IMPORTANT WARNINGS
- Unless we say otherwise, our Service will only work if the sender and receiver are on the same Wi-Fi network.
- We do not guarantee any particular speed of transfer. For example, if the Wi-Fi network does not allow a local area connection, the transfer may be slower than otherwise.
- We do not guarantee that the transfer will be successful , for example if there isn’t enough space on the receiver’s device or if the format isn’t supported (e.g., file thumbnails may be replaced with a generic icon).
- The data transferred will be automatically placed in what our Services determines is the appropriate default location.
- How you enter a legal contract with us
- By downloading our App, you enter into a legal contract with us. These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App (i.e., setting out how we allow you to use our App). You also agree to be legally bound by the Store Rules.
- We reserve the right in our discretion for any lawful reason to refuse any request to use our Service.
- Consumer legal right to cancel (“cooling off”)
- If you are a Consumer, you may have the legal right to cancel this contract within 14 days of the start of the contract as further explained in the Annex at the end of this document.
- However, you lose the right to cancel where the supply of digital content (i.e., the App) began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case. Because our services generally involve the supply of digital content, in most cases you won’t have the legal right to cancel your contract with us.
- Changing these terms and conditions
- We may change these terms and conditions by giving you at least 14 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by posting the new version on our website and, if the changes are important, by email, SMS and/or in-app message.
- If you don’t agree to the new terms, you should end this contract as explained below before the new terms take effect. Otherwise, the new terms will apply.
- Your right to use our Service
- We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded if you download our App from Apple) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
- You may only use any trial period for the purpose of a genuine assessment of the Service. You must not attempt to use the Service for more than one trial period. We can cancel your trial if we find that you have had access to a previous one.
- Who can use our Service?
- You must not use, or attempt to register on, our Service if you are below 13 years of age.
- Behaviour when using our Service
- You agree not to do any of the following in connection with our Service:
- break the law or infringe anyone else’s rights;
- send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
- victimise or harass other people;
- use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
- deceive or mislead anyone;
- use our Service with a view to competing with us or infringing our rights;
- disrupt our Service, e.g., spam, viruses or phishing;
- interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
- intercept or modify communications;
- impose an unreasonable load on our Service;
- deliberately exploit any bugs found within our Service;.
- get around any security features including those designed to stop copying of Content; or
- attempt, encourage or assist any of the above.
You agree to:
comply with the guidance/requirements on our Service;
provide information that we reasonably request to enable us to provide our Service; and
ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
Dealing with other Users
You deal with other Users at your own risk. We are not legally responsible for any dealings between Users. Be aware that people may not be who they claim to be.
- You accept that when using the Service you may encounter behaviour or Content which you think is inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g., from law enforcement authorities) and/or stop using the Service.
- In your own interests, you should not attempt to contact, or let yourself be contacted by, any other User other than through the Service unless you are sure you already know them.
- Other peoples’ services / advertising / websites
- We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
- You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
- Our guidance
- If we ourselves provide any guidance or other general information on or via our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
- If you create an account on our Service
- Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).
- Paying us
- Payment is in advance on a one-off basis following any applicable trial period. Prices and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax unless we say otherwise..
- If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
- About discount codes
- We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
- We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
- The Service includes support only if we specifically say so within the Service and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.
- Unless otherwise stated, we do not guarantee any particular response times or outcomes. Any response times given are English business hours/days unless we say otherwise.
- In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.
- You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.
- Ending or suspending this contract
- You may at any time end this contract by following the instructions on our Service and by uninstalling the App from all of your devices. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)
- If you are a paid User, we are entitled at any time to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
- you break this contract;
- any fees payable by you are unpaid / unjustifiably charged back;
- acting reasonably, we think that it is necessary to protect you, us or others;
- we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
- you or anyone on your behalf acts inappropriately towards our staff.
- If you are not a paid User, we are entitled at any time and for any reason to end this contract or suspend part or all of our Service or impose restrictions on our Service.
- We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
- If this contract ends:
- Your right to use our Service and all licences are terminated.
- Existing rights and liabilities are unaffected.
- All clauses in this contract which are stated or intended to continue after termination will continue to apply.
Compatibility of App
- We do not guarantee that the App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You must check that the App works on your applicable device before you make any payment. You acknowledge that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.
- Restrictions on our legal responsibility – very important
- Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
- If you are a Consumer, we shall not be liable for any loss or damage where:
- there is no breach of a legal duty owed to you by us;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
- such loss or damage relates to a business of yours.
- If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
- The following clauses apply only if you are not a Consumer:
- In no event (including our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.
- You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
- To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
- This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded..
Intellectual property rights (e.g., copyright)
- We or our partners own the intellectual property rights in our Service. You may use our Service on your device for your personal use only. You must not otherwise use our Service unless we specifically say so in writing (except to the extent specifically allowed by this agreement).
- You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
Things we can’t control
- We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
Transferring this contract to someone else
- We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
English law and courts
- This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
General but important information
- We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
Extra legal terms required by the Store
- In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
- The following applies where Apple Inc is the Store:
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.
- We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.
- You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party beneficiaries of this agreement, and that the Store will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
- You agree that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any complaints, please contact us via the contact details shown below.
Information about us
- Company name: Cabinet Limited
- Trading name: “Cabinet”
- Country of incorporation: England and Wales
- Registered number: 12134684
- Registered office and contact address: St Ann’s Wharf, 112 Quayside, Newcastle Upon Tyne, NE1 3DX, UK
- Contact email address: email@example.com
- Other contact information: See our website/contact page
- VAT number: GB 373 8747 51
ANNEX YOUR LEGAL RIGHT TO CANCEL
- (“COOLING OFF”)
- The following applies if you have the legal right to cancel this contract (as explained above).
- Right to cancel
- You have the right to cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day when we enter a legal contract with you (i.e., when you download the App).
- To exercise the right to cancel, you must inform Cabinet Limited, St Ann’s Wharf, 112 Quayside, Newcastle Upon Tyne, NE1 3DX, UK (email address above) of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
- Effects of cancellatio
- If you cancel this contract, e will reimburse to you all payments received from you.
- The reimbursement will be made without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
- The reimbursement will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
MODEL CANCELLATION FORM
- Complete and return this form only if you wish to cancel the contract:
- — To Cabinet Limited, St Ann’s Wharf, 112 Quayside, Newcastle Upon Tyne, NE1 3DX, UK (email address above
- — I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
- — Ordered on [*]/received on [*]
- — Name of consumer(s),
- — Address of consumer(s),
- — Signature of consumer(s) (only if this form is notified on paper),
- — Date
- [*] Delete as appropriate